Traditional Negligence and Res Ipsa Essay

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(Regan & Regan, 2002) All the health care workers are surely part of some form of administration or a unit. Contrastingly, this law will not be applied to private practices because in those cases, only the direct health care worker is considered responsible. This brings us to the idea of shared responsibility of a certain situation. This doctrine can be applied to the administration because at the end of the day it is the administration that overlooks the hiring of the medical workers. Under the major principles of vicarious liability, one person can be held responsible because of a negligence caused by someone else. (Larson, 2005)

Student 2

Vicarious liability most commonly occurs when the accused carries out an action with in employment. The person who does the mistake which could either be a nurse or a doctor does so to pursue the employer's interest. Because the employer and the employee shared the same duty and interest, eventually they also share the responsibility. Due to this reason, we see that the doctrine of respondeat superior and vicarious liability is applied to the administration. Therefore we see that whenever a doctor or a surgeon does some form of negligence, the hospital has to incur the penalties along with the person who caused the negligence.

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Furthermore, it is up to the administration to deal with the negligent afterwards. Many administrations go on to fire the person or to put them on some sort of probation. The control over the employee is an important aspect that the court looks over in such cases.

Question 3

The laws that were discussed earlier are made to ensure that good quality medical care is served to the citizens. The health care field is quite sensitive such that any mistake or negligence can serve the person permanent damage. In my opinion, both traditional negligence and Res Ipsa Loquitur keep a well deserved check on the medical care workers. The doctrine of respondeat superior is also a good checkpoint. This doctrine keeps the medical administration and the doctors and nurses in check. This entire concept of shared responsibility therefore makes the system more efficient and reduces the chances of error.

Governmental immunity is such that it prevents a patient from asserting a lawsuit against the government facility unless the facility allows to the lawsuit. This law suit basically prevents the federal and state government officers and employees protected from lawsuits unless they consent to the lawsuit......

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